For more information about the author, click to view their website: Lear & Lear
What do you know about testamentary trusts?
A trust protects your assets and determines where those assets will go once you are gone. Three common types of trusts are a revocable trust, an irrevocable trust, and a testamentary trust.
Most trusts, like revocable and irrevocable trusts, are made and actively used while the trustor (or the creator of the trust) is still alive. In contrast, a testamentary trust only comes into being after the trustor’s passing.
A testamentary trust is created based on explicit instructions written into a will. In it, a trustee, (or the person who manages the assets on behalf of beneficiaries of the trust) is appointed and given instructions on how to distribute the estate. The trustee can decline the position. If a trustee does decline the position, a court can appoint someone to act as trustee. It is best to select a trustee that is willing and able to administer your estate after you are gone in order to limit the court’s involvement.
Advantages of testamentary trusts:
There are many advantages to creating a testamentary trust. The following are reasons that you may want to consider setting up a testamentary trust.
1. A testamentary trust can establish that assets cannot be paid to beneficiaries until certain conditions are met. This is especially helpful for parents who wish to condition the receipt of funds for children. For example, you may condition the disbursement of assets on a child reaching a certain age, graduating from college, or marriage.
2. A will can have more than one testamentary trust, meaning that there is no limit to the number of beneficiaries one can have. This ensures that assets will get distributed according to your desires, depending on the conditions you set.
3. Creating a testamentary trust is inexpensive. A testamentary trust does not come with the same costs as establishing a living trust. This can be beneficial if you cannot afford to establish a trust because the cost of creating a testamentary trust comes out of the estate.
4. There are tax benefits in using a testamentary trust as opposed to another type of trust. Testamentary trusts only require payment of income taxes on the trust as a whole. This means that the beneficiaries are not required to pay taxes on their distributions from the trust.
Disadvantages of testamentary trusts:
There is one major downside to establishing a testamentary trust: a testamentary trust must go through probate. Probate is the court procedure by which assets are distributed after an individual has passed away. Probate can be extremely expensive and lengthy. Assets cannot be distributed until probate is complete and assets are then transferred into the trust.
Knowing what type of trust is right for you can seem confusing and difficult. We are here to help you decide what plan is right for you based on your individual circumstances and needs. If you have any questions about how to plan for your future and the future of your loved ones, contact us today at 385.334.4030 or email@skvlegal.com.
Dear Friends, In the dynamic tapestry of life, small businesses are the threads that weave communities together. As an elder law and estate planning attorney at Bellomo & Associates, Ive had the privilege of assisting individuals and families in preserving their legacies. Today, I want to address a group close to my heart small business owners. Small businesses arent just economic entities; they are the heartbeat of our communities. Your dedication, hard work, and entrepreneurial spirit contribute not only to your familys well-being but also to the vitality of the neighborhoods we call home. For many small business owners, the line between personal and professional life is beautifully blurred. Your legacy isnt just about the products or services you offer; its about the dreams youve nurtured and the impact youve had on those around you. As we embark on the journey of estate planning, its crucial to recognize the interwoven nature of business and family. One common oversight is neglecting the unique considerations that come with passing down a business. Whether youre a seasoned entrepreneur or just starting your venture, a well-crafted estate plan ensures the seamless transition of your business to the next generation, preserving not only its financial value but also the essence of your hard work and dedication. Succession planning is a vital aspect of estate planning for small business owners. Its about cultivating the seeds of your success and ensuring that the business youve built with passion continues to thrive. By thoughtfully designating successors and outlining a clear plan, you pave the way for a smooth transition, minimizing disruptions and securing the future of your enterprise. Your business is more than a source of income; its a foundation that supports your familys dreams and aspirations. Estate planning goes beyond business assets; it safeguards the well-being of your loved ones, providing a roadmap for their financial security and peace of mind. To my fellow small business owners, I extend an invitation to join us at our upcoming estate planning workshop. Its a space where we delve into the unique considerations of business-centric estate planning and connect with like-minded individuals facing similar challenges. Bring your questions, share your experiences, and lets work together to ensure your legacy is as resilient as your entrepreneurial spirit. Estate planning is not just a legal process; its a commitment to nurturing what matters most. I look forward to meeting you and exploring the important next steps in securing both your business and family legacies. To a future of continued success and lasting impact, Jeff Bellomo
Greetings, I trust this message finds you in good health and high spirits. In my years as an elder law and estate planning attorney here at Bellomo & Associates, Ive had the privilege of guiding families through the intricacies of planning for the future. Today, I want to share some insights on common estate planning mistakes, drawing from the experiences of those Ive had the honor of assisting. Its human nature to postpone tasks, especially those that involve contemplating the future. However, delaying your estate planning can have significant consequences. Whether youre an income-generating couple, a seasoned individual considering nursing home care, or a young family with dreams to protect, procrastination can rob you of the peace of mind that comes with a well-thought-out plan. No two families are the same, and neither should their estate plans be. Cookie-cutter approaches often neglect the nuances that make your situation unique. As your trusted advisor, I emphasize the importance of personalized solutions. Your plan should reflect your values, aspirations, and the legacy you wish to leave behind. Life is dynamic, and so are your circumstances. Marriage, births, career shifts, and even unexpected health challenges can reshape your priorities. Failing to update your estate plan accordingly can lead to unintended consequences. Regular reviews ensure that your plan remains a true reflection of your current life stage and desires. Discussing end-of-life matters can be uncomfortable, but its a crucial step in ensuring your wishes are understood and respected. Communicating openly with your loved ones about your estate plan can prevent misunderstandings and provide clarity during challenging times. In the age of online resources, its tempting to try a do-it-yourself approach to estate planning. However, the potential pitfalls of DIY plans can far outweigh the perceived cost savings. Professional guidance ensures that your plan complies with legal requirements and considers intricate details that may be overlooked. To those of you who resonate with these considerations, I extend an invitation to join us at our next estate planning workshop. Its not just an opportunity to learn about common mistakes but also a chance to connect with others who share similar concerns. Bring your questions, share your stories, and lets navigate the path to a secure future together. Remember, estate planning is not just a legal process; its a journey toward safeguarding what matters most to you. I look forward to meeting you and exploring the important next steps in creating a plan that reflects your unique legacy. To a future of informed decisions and lasting legacies, Jeff BellomoWe offer FREE WORKSHOPS every week! Click here to register!
Im Jeff Bellomo, an elder law and estate planning attorney at Bellomo & Associates in York and Lancaster, PA. Today, were going to embark on a journey together, one that demystifies the process of probate. Its a topic that touches the lives of many. Lets delve into Understanding Probate: A Step-by-Step Guide. The Path Begins with a LossProbate is often viewed as a complex legal process. But its crucial to remember that its not just about legalese and paperwork. Its a path that often begins with the loss of a loved one, a time when emotions run deep, and the need for support is essential. When someone passes away, the first step is to open an estate. This is done by filing a petition with the appropriate court, and this court will oversee the administration of the estate. During this time, the court will appoint an executor or personal representative, who plays a critical role in managing the deceased persons affairs. Inventory and Appraisal: Preserving Your LegacyThe next step is inventory and appraisal, a process of cataloging and valuing the assets within the estate. This may include real estate, financial assets, personal property, and more. Its not just about numbers on a page; its about preserving your loved ones legacy. Heres where it gets a bit emotional. Memories are often tightly connected to these assets. It can be challenging to go through this step, but its essential for ensuring a fair distribution of the estate and honoring your loved ones wishes. Notification and Payment of DebtsOne of the next steps involves notifying creditors of the deceased persons passing and paying off debts. This part can feel like navigating uncharted waters, especially when emotions are still raw. Its essential to ensure that all debts are resolved before the remaining assets are distributed to heirs. The Final Stage: Distribution to HeirsThe final step is the distribution of the remaining assets to heirs or beneficiaries. This is where the fruits of your loved ones lifes work are passed on to the next generation. Its a time to honor their memory and to provide for the financial well-being of those left behind. The Heart of ProbateProbate, though often seen as a legal process, is, at its core, a journey of the heart. Its about closure, healing, and ensuring that your loved ones wishes are carried out. Here at Bellomo & Associates, we understand that the emotional aspect of probate can be overwhelming, especially when coupled with the legal intricacies. Thats why were here to guide you through every step of the way, providing the support and expertise needed to navigate this journey with confidence. Join Us at Our Estate Planning WorkshopIf youd like to learn more about probate and other critical aspects of estate planning, I invite you to join us at our next estate planning workshop. Its a place where you can connect with other like-minded individuals and ask questions. Its about taking those important next steps in creating a comprehensive estate plan. Remember, youre not alone on this path. Were here to support you, connect with your emotions, and guide you toward securing your familys future.
Welcome to Lear & Lear. Lear & Lear offers comprehensive estate planning services designed to cater to various needs and circumstances, ensuring that clients are well-prepared for their futures. Our services span from creating Wills and trusts, updating existing estate plans, drafting Powers of Attorney and Healthcare Directives, creating guardianships and conservatorships, and to navigating the complexities of probate. Estate Planning Services:- Lear & Lear emphasizes the importance of creating a tailored estate plan that may include Wills, Trusts (living, testamentary, revocable, irrevocable, funded, or unfunded), and other estate planning tools. Our approach is to provide peace of mind by ensuring smooth transitions during times of bereavement and incapacity, as well as safeguarding your wishes and assets for the future. Powers of Attorney and Healthcare Directives:- Recognizing the critical role of Powers of Attorney and Healthcare Directives, Lear & Lear assists clients in designating trusted individuals to manage financial and healthcare decisions. These documents are essential for ensuring that your preferences are honored in cases of incapacity, providing a layer of protection, and avoiding unnecessary legal complications. Basic Estate Plan Components:- A typical estate plan outlined by Lear & Lear may include a Will, Trust, General Assignment of Assets, Financial Power of Attorney, and an Advance Health Care Directive. Each component plays a crucial role in ensuring your assets are managed according to your wishes, providing comprehensive coverage from asset protection to healthcare decisions. Real Estate and Probate Avoidance:- Our firm also addresses the intricacies of real estate within estate planning, offering guidance on ownership types like Joint Tenancy and Tenancy in Common, and strategies such as Life Estates and Transfer on Death Deeds to bypass probate and ensure direct transfer of property to beneficiaries. This service is particularly valuable for clients looking to streamline the transfer of valuable real estate assets. Probate and Estate Planning Connection:- Our firm has a clear understanding of the complexities of probate, differentiating between formal and informal probate and the impact of having a Will or Trust on the probate process. Our expertise extends to facilitating a smoother process or avoiding probate altogether through strategic estate planning, thus saving time, reducing legal fees, and preventing disputes among beneficiaries. Role of Probate Attorneys:- For clients navigating the probate process, Lear & Lear outlines the importance of having a skilled probate attorney. We offer comprehensive support as probate attorneys, from valuing assets and filing court documents to managing estate taxes and settling disputes. Our emphasis on empathetic, expert guidance reflects our strong commitment to making the probate process as stress-free as possible for you. For individuals or families looking to secure their future and ensure their wishes are respected, Lear & Lear offers a robust and empathetic approach to estate planning and probate. Our services have been designed to address the legal, financial, and personal aspects of estate planning, ensuring clients receive personalized advice and support tailored to their unique circumstances. Our team of attorneys is here to help you make the best possible decisions for you and your loved ones. Reach out to us today by phone at (385) 334-4030, or by email at katie@skvlegal.com.